Making sure your children are properly provided for is usually the top priority when a relationship ends. Our child maintenance solicitors in Reading, and child support lawyers more broadly, help parents agree fair, workable arrangements, or step in when an agreement breaks down, with as little conflict as possible.
Call us on 0118 951 6200 or get in touch via our online enquiry form. Your first conversation is confidential and there is no obligation.
Child maintenance is regular financial support paid by the parent a child does not mainly live with towards that child’s everyday living costs, such as food, clothing and housing. It can be arranged privately between parents, calculated and collected by the Child Maintenance Service, or, in limited circumstances, ordered by the court.
Child maintenance is separate from any wider financial settlement on divorce, and separate from arrangements for where a child lives or how time is shared. It can be agreed at any point — whether or not the parents were married, and whether or not any other legal proceedings are taking place. It is also entirely independent of contact: a parent’s right to spend time with their child is never conditional on maintenance being paid, and maintenance is never conditional on contact taking place, even though in practice the two are sometimes wrongly linked by parents in the heat of a dispute.
Where the Child Maintenance Service is used, the calculation is based on the paying parent’s gross weekly income — income before tax but after pension contributions — obtained directly from HMRC records. A percentage is then applied depending on how many children are covered, with the rate reducing for time the children spend overnight with the paying parent and for other children living in the paying parent’s household. You can find the current rates and use the official calculator on GOV.UK’s child maintenance calculator, since the specific percentages are reviewed periodically.
Many parents agree a family-based arrangement between themselves, which is flexible and can reflect your circumstances more precisely than a formula, provided you can agree and trust it will be honoured. Where that is not possible, either parent can apply to the Child Maintenance Service for a statutory calculation, which it can then collect and enforce if needed. The court’s role is more limited but still important in specific situations.
A family-based arrangement can also flex more easily around real life, covering the cost of school trips, uniform, or a shared activity, in a way a fixed statutory calculation cannot. The trade-off is that it relies on both parents’ goodwill, so it suits amicable separations better than acrimonious ones. Where trust has broken down, moving to a Child Maintenance Service calculation, which is not dependent on ongoing cooperation, is usually the safer route.
The court can make a maintenance order in certain circumstances the Child Maintenance Service does not cover: where the paying parent’s gross income is above the Child Maintenance Service’s ceiling of £3,000 a week, to ‘top up’ the statutory calculation; to cover private school fees; to meet the additional costs of a child’s disability; or where the paying parent lives abroad and is outside the Child Maintenance Service’s jurisdiction. We can advise on whether a court application is available and worthwhile in your circumstances.
From experience, the most common source of conflict is a paying parent who under-declares income, particularly where they are self-employed or run their own company. The Child Maintenance Service can request a variation where a parent’s lifestyle appears inconsistent with their declared income, and it has enforcement powers including deducting maintenance directly from earnings or bank accounts and, in serious cases of non-payment, applying for the paying parent’s driving licence or passport to be removed. We can help you challenge an assessment that looks wrong, or pursue enforcement where a parent simply will not pay.
Every family’s circumstances are different, and the right approach to child maintenance depends on how you and the other parent communicate, how straightforward your finances are, and what has already been tried. We aim to help you reach an arrangement that is fair to both of you and, most importantly, works for your children. We know these conversations can be difficult, particularly where trust has broken down, so we focus on keeping things practical and as low-conflict as possible.
Our approach focuses on:
We advise parents on child maintenance across Reading, Berkshire and the wider Thames Valley, including Wokingham, Bracknell, Newbury and Maidenhead, from our office at 1 London Street in central Reading. Appointments are available in person, by telephone and by video, and we aim to keep these conversations as practical and low-conflict as possible, for your sake and your children’s.
Our family team is one of the largest in the Reading area, and has been top ranked in independent legal directories such as Chambers and Partners and The Legal 500 for many years. That depth means we can match the right lawyer to your matter and your budget.
A full-service firm: your Wills, Tax and Trusts team, Residential Conveyancing team and Employment Law team are all under one roof for joined-up advice.
We can help you agree a fair arrangement or resolve a dispute. Call 0118 951 6200, get in touch via our online enquiry form.
How much child maintenance should I pay or receive?
The amount depends on the paying parent’s gross income, the number of children, and how much time the children spend with each parent. The Child Maintenance Service’s online calculator on GOV.UK gives a good starting estimate, though your circumstances may justify a different, privately agreed amount.
Do I have to use the Child Maintenance Service?
No. Many parents agree a private, family-based arrangement instead, which can be more flexible. You only need the Child Maintenance Service if you cannot agree, or if you want a formal calculation that can be enforced if payments stop.
What happens if the paying parent refuses to pay?
If a family-based arrangement breaks down, either parent can apply to the Child Maintenance Service, which has powers to collect and enforce payment, including deductions from earnings or bank accounts, and, in serious cases, applications to remove a driving licence or passport.
Can child maintenance be agreed privately?
Yes. A private, family-based arrangement is often quicker, more flexible and less confrontational than a statutory calculation. It works well where both parents can communicate and trust the arrangement will be kept to; if it breaks down, you can still apply to the Child Maintenance Service later.
What if my ex-partner is self-employed?
The Child Maintenance Service bases its calculation on income reported to HMRC, which can be harder to verify for self-employed parents. If their declared income seems inconsistent with their lifestyle, a variation can be requested to take other resources into account.
Does child maintenance stop at 18?
Usually, yes, or when a child finishes secondary education if later, but it can continue if the child stays in full-time non-advanced education. It also depends on the type of arrangement in place, so it is worth checking the specific terms of yours.
Can the court order more than the Child Maintenance Service calculates?
Yes, in certain situations. The court can top up maintenance where the paying parent’s income exceeds the Child Maintenance Service’s ceiling, or make separate orders for school fees or a child’s disability-related costs, which fall outside the standard calculation.